Citation Nr: 0723312
Decision Date: 07/30/07 Archive Date: 08/14/07
DOCKET NO. 04-24 268 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Detroit,
Michigan
THE ISSUE
Entitlement to service connection for post-traumatic stress
disorder (PTSD).
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
M. Scott Walker, Associate Counsel
INTRODUCTION
The veteran served on active duty from September 1964 to July
1967.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a May 2003 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Detroit, Michigan.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The veteran was diagnosed with PTSD in August 2002. That
diagnosis was confirmed in a December 2003 VA examination.
The veteran contends that he developed PTSD as a result of
stressors experienced during active service. According to
the veteran, during his 9-month tour in Vietnam, he was on
guard duty. In one instance, the veteran reported seeing
civilians "buried alive" by sand and soil from a hill they
dug to fill sandbags. The veteran's second stressor occurred
"when he was guarding transport ships and he was ordered to
fire upon a ship filled with civilians."
In October 2002, the veteran filed a claim for service
connection for PTSD. However, because the veteran did not
meet the definition of a combat veteran, and because his
claimed stressors were not verified, service connection was
denied via a May 2003 rating decision.
The veteran reiterated his accounts in a PTSD questionnaire.
The RO, in a January 2004 request for information submitted
the veteran's stressor information to the U.S. Armed Forces
Service Center for Research of Unit Records (USASCRUR) (now
renamed U.S. Army and Joint Services Records Research Center
(JSRRC)), in order to attempt to verify the veteran's claimed
stressors. However, the record contains no response to the
inquiry. The request included the veteran's name, social
security number, military service number, unit of assignment,
and the specific date and location of each alleged event. As
a result, the April 2004 statement of the case (SOC)
continued the denial of the veteran's claim. The document
stated, "When and if we get a reply from USASCRUR, we will
revisit and review the denial of PTSD."
As noted above, a request for records relating to the
veteran's activities on March 22, 1967 and May 30, 1967 was
not answered by USASCRUR, and the RO noted this in its SOC.
However, since the RO attempted to undertake development in
connection with this claim, and forwarded the case to the
Board prior to completion of that action and since the
veteran's diagnosis of PTSD is based on stressors for which
he has provided sufficient detail to at least attempt to
verify them through official sources, the Board finds that
the case should be returned to complete that development.
Although the Board regrets the delay in adjudicating the
veteran's claim, pursuant to the duty to assist, this case
must be remanded for further development.
Accordingly, the case is REMANDED for the following action:
1. The AMC should contact the U.S.
Army and Joint Services Records
Research Center (JSRRC) (formerly
USASCRUR) to ascertain the status of
the January 27, 2004 records request.
2. Once a reply has been received from
JSRRC, the AMC should again review the
record, and undertake any additionally
indicated action.
3. The AMC should then readjudicate the
claim on appeal in light of all of the
evidence of record. If the issue remains
denied, the veteran should be provided with a
supplemental statement of the case as to the
issue on appeal, and afforded a reasonable
period of time within which to respond
thereto.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2006).
_________________________________________________
S. L. Kennedy
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006).